Court No. - 64
Case :- APPLICATION U/S 482 No. - 20682 of 2019 Applicant :- Fariza Bano Opposite Party :- State Of Up And Another Counsel for Applicant :- Amar Nath Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to the court below to decide the Misc. Application No. 85 of 2018 for execution of order dated 10.10.2017 passed in Case No. 103 of 2016, under Section- 12 of Domestic Violence and Women Protection Act, 2005 (Fariza Bano vs. Fazlurahman and others), pending in the court of Additional Chief Judicial Magistrate-II, Jaunpur, expeditiously.
In this case, the applicant happens to be the aggrieved wife. Claim is that in this case, the recovery proceeding is underway arising out of proceeding under Section-12 of the Domestic Violence Act, since October, 2018. However, no worthy steps have been taken for recovery of the maintenance amount directed by the lower court.
Prayer has been made for expeditious disposal of the application for recovery of maintenance amount against opposite party no.2.
Needless to say that in such cases involving matrimonial dispute where the wife is left with with no means of livelihood, it is incumbent upon the court to exhaust all possible legal means to secure recovery of money by exhausting the relevant provisions of the Domestic Violence Act. It is expected that the court below shall within no time recover the amount from opposite party no.2 preferably within a period of two months next after presentation of certified copy of this order.
With the aforesaid direction, this application stands disposed of.
Order Date :- 30.5.2019 S Rawat